Phasho Ram @ Bhasho Ram @ Bittu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3951 of 2024 Arising Out of PS. Case No.-184 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Phasho Ram @ Bhasho Ram @ Bittu Ram S/O- Yogendra Ram @ Yogi Ram @ Yogendra Resident Of Village- Hatidah, P.S.- Hatidah, District- Patna ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392, 395, 412 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant (Driver) was going from Patna to Munger with Vehicle No. BR-01GH-8058, 3-4 unknown miscreants overtook his Scorpio Vehicle, forcibly made to sit him in their vehicle towards Sheikhpura and dropped him in the way. Thereafter, he informed the owner of

Patna High Court CR. MISC. No.3951 of 2024(2) dt.06-02-2024 2/3 the vehicle and Barahiya Police whereupon the said vehicle was recovered from the Andauli More of Chewra P.S.(Sheikhpura) area.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from the conscious possession of the petitioner. The name of petitioner sprang up in this case on the basis of his self confessional statement, before the police, which has no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 14.01.2023. Similarly situated several co-accused persons have been granted bail by different co-ordinate Bench of this Court as well as this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.3951 of 2024(2) dt.06-02-2024 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barahiya P.S. Case No. 184 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Lakhisarai.

(Sunil Kumar Panwar, J) Nirajkrs/- U T